JGoldmanLaw - New York Employment Attorney
Let's work together
Se, Hablo EspaƱol

Court finds that experience ranges may be discriminatory

Age discrimination in the workplace is illegal under both the state laws of New York and federal law. Despite these laws, age discrimination continues to be a pervasive problem. People who are older than age 40 regularly experience discrimination because of their age.

Recently, a man's age discrimination lawsuit was allowed to proceed against a company that told him he had too much experience. The man had worked for a year in a position at a company through a staffing agency before he was then placed in a different position. He learned that the position he had previously filled was open and applied for it.

The company advertised that it wanted applicants who had around 10 years of experience. The man met all of the qualifications for the job but had many more years of experience and was 60 years old. He was told that he had too much experience, and the hiring manager thought that his experience might make him inflexible. He filed a lawsuit, and the company filed a motion for summary judgment. The court denied the company's motion and ruled that the man had raised issues of material fact that should be decided by a jury.

It is unlawful for employers to discriminate against older applicants and workers in all phases of employment. Employers may not discriminate against older workers because of their age in advertising positions, hiring, interviewing, promoting, terminating or other employment decisions. People who believe that their employers have discriminated against them because of their ages may want to consult with New York employment lawyers. The attorneys may analyze what happened to determine whether age discrimination appears to have occurred. They may then assess whether it may be more beneficial to proceed with complaints under the state's laws or the federal laws against age discrimination.

No Comments

Leave a comment
Comment Information
You have rights. Let us help you assert those rights.
Email Us For A Response

Contact Us To Find Out How We Can Help

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact Information

The Law Offices of Jeffrey E. Goldman
260 Madison Ave.
15th Floor
New York, NY 10016

Phone: 212-983-8999
Fax: 646-693-2289
Map & Directions